Tex. Codes » Family Code · TITLE 4. PROTECTIVE ORDERS AND FAMILY VIOLENCE · SUBTITLE A. GENERAL PROVISIONS · CHAPTER 71. DEFINITIONS
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Tex. Fam. Code § 71.004 (2026)

Family Violence

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Sec. 71.004. FAMILY VIOLENCE. "Family violence" means:

(1) an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;

(2) abuse, as that term is defined by Sections 261.001(1)(C), (E), (G), (H), (I), (J), (K), and (M), by a member of a family or household toward a child of the family or household; or

(3) dating violence, as that term is defined by Section 71.0021.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Amended by Acts 2001, 77th Leg., ch. 91, Sec. 2, eff. Sept. 1, 2001.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 117 (S.B. 817), Sec. 2, eff. September 1, 2015.

Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 1, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 1136 (H.B. 249), Sec. 1, eff. September 1, 2017.

Notes of Decisions
Cited in 237 cases (71 in the last 5 years), 1998–2026 · leading case: Russell Thomas Boyd v. Christina Michelle Palmore, 425 S.W.3d 425 (Tex. App.—Houston [1st Dist.] 2011).
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Russell Thomas Boyd v. Christina Michelle Palmore, 425 S.W.3d 425 (Tex. App.—Houston [1st Dist.] 2011). · cites it 9× “not the ‘hood jumper’) and/or “is a threat that reasonably places the (family or *434 household) member in fear of imminent physical harm, bodily injury, assault, or sexual assault_” Tex. Fam.Code ANN. § 71.004 (Vernon 2002).”
Villarreal v. State, 286 S.W.3d 321 (Tex. Crim. App. 2009). · cites it 2× “[6] The definition of "family violence" on page two of the protective order corresponded with the definition in Texas Family Code § 71.004 as it existed before September 1, 2001.”
Sunday Agbogwe v. State, 414 S.W.3d 820 (Tex. App.—Houston [1st Dist.] 2013). · cites it 3× “2006) (“[T]he trial court is statutorily obligated to enter an affirmative finding of family violence in its judgment, if during the guilt phase of trial, the court determines that the offense involved family violence as defined by Tex. Fam.Code § 71.004(1).”); Thomas v. State,…”
Word v. State, 206 S.W.3d 646 (Tex. Crim. App. 2006). · cites it 2× “01(b); TEX. FAM.CODE, § 71.004(1). [2] See TEX. PEN.”
B.C. v. Rhodes ex rel. T.L.R., 116 S.W.3d 878 (Tex. App.—Austin 2003). · cites it 3× “[4] Tex Fam.Code Ann. § 71.004 (West 2002). Section 82.”
Butler v. State, 189 S.W.3d 299 (Tex. Crim. App. 2006). · cites it 2× “Tex. Fam.Code § 71.004 Family Violence "Family Violence” means: (1) an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault, .”
Goodwin v. State, 91 S.W.3d 912 (Tex. App.—Fort Worth 2002). · cites it 2× “] TEX. FAM.CODE ANN. § 71.004 (Vernon 2002).”
Garcia v. State, 212 S.W.3d 877 (Tex. App.—Austin 2006). · cites it 2× “001(1)(C), (E), and (G), by a member of a family or household toward a child of the family or household; or (3) dating violence, as that term is defined by Section 71.”
Poteet v. Sullivan, 218 S.W.3d 780 (Tex. App.—Fort Worth 2007). · cites it 3× “Tex. Fam.Code Ann. § 71.004(1) (Vernon 2002); Tex.”
Rogers v. State, 200 S.W.3d 233 (Tex. App.—Houston [14th Dist.] 2006). · cites it 2× “; Tex. Fam.Code Ann. § 71.004. Section 71.004 defines “family violence" as including actions that intend to cause bodily injury to a family member and actions that place a family member in fear of imminent bodily injury, among other things.”
Fang v. State, 544 S.W.3d 923 (Tex. App.—Houston [14th Dist.] 2018). “01(a)(1) (assault statute included within Title 5 of the Penal Code); Tex. Fam. Code § 71.004 (defining "family violence" to include an act by a member of a family against another member of a family that is intended to result in bodily injury).”
In re Epperson, 213 S.W.3d 541 (Tex. App.—Texarkana 2007). “” Tex. Fam.Code Ann. § 71.004(1) (Vernon 2002).”
Show all 237 citing cases →
Tex. Fam. Code § 71.004(1): 75 cases
Sunday Agbogwe v. State, 414 S.W.3d 820 (Tex. App.—Houston [1st Dist.] 2013). “2006) (“[T]he trial court is statutorily obligated to enter an affirmative finding of family violence in its judgment, if during the guilt phase of trial, the court determines that the offense involved family violence as defined by Tex. Fam.Code § 71.004(1).”); Thomas v. State,…”
Word v. State, 206 S.W.3d 646 (Tex. Crim. App. 2006). “01(b); TEX. FAM.CODE, § 71.004(1). [2] See TEX. PEN.”
Russell Thomas Boyd v. Christina Michelle Palmore, 425 S.W.3d 425 (Tex. App.—Houston [1st Dist.] 2011). “not the ‘hood jumper’) and/or “is a threat that reasonably places the (family or *434 household) member in fear of imminent physical harm, bodily injury, assault, or sexual assault_” Tex. Fam.Code ANN. § 71.004 (Vernon 2002).”
In re Epperson, 213 S.W.3d 541 (Tex. App.—Texarkana 2007). “” Tex. Fam.Code Ann. § 71.004(1) (Vernon 2002).”
Butler v. State, 189 S.W.3d 299 (Tex. Crim. App. 2006). “Tex. Fam.Code § 71.004 Family Violence "Family Violence” means: (1) an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault, .”
Tex. Fam. Code § 71.004(2): 1 case
Robert Aderhold v. John C. Bell, No. 03-24-00258-CV (Tex. App.—Austin Aug. 29, 2025).
Tex. Fam. Code § 71.004(3): 14 cases
Vongontard v. Tippit, 137 S.W.3d 109 (Tex. App.—Houston [1st Dist.] 2004).
Poteet v. Sullivan, 218 S.W.3d 780 (Tex. App.—Fort Worth 2007). “Tex. Fam.Code Ann. § 71.004(1) (Vernon 2002); Tex.”
Robert Deon Johnson, Jr v. State, 409 S.W.3d 738 (Tex. App.—Houston [1st Dist.] 2013).
Brian Gaeta v. State, No. 05-14-01202-CR, 2016 WL 3870665 (Tex. App.—Dallas July 12, 2016).
Pete Hengoza Rodriguez v. State, No. 14-15-00339-CR (Tex. App.—Houston [14th Dist.] Sept. 15, 2016).
Tex. Fam. Code § 71.004(a): 4 cases
Leo Albert Sandoval v. State of Texas, No. 13-20-00099-CR (Tex. App.—Corpus Christi–Edinburg June 17, 2021).
Christian Rodriguez v. State of Texas, No. 07-24-00100-CR (Tex. App.—Amarillo Dec. 9, 2024).
Kenneth Ray Morgan v. State, No. 10-10-00371-CR, 2011 WL 4837721 (Tex. App.—Waco Oct. 12, 2011).
in the Interest of J. R., a Child, No. 12-15-00070-CV (Tex. Crim. App. Sept. 2, 2015).
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